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16 Cards in this Set
- Front
- Back
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Purpose Of Law |
We depend on law to give us a stable nation and economy, a fair society, and a safe place to live and work. |
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Origins of Our Law |
In 1066, the Normans conquered England. William the Conqueror claimed he owned all the land. The king then granted sections of his lands to his favorite noblemen, as his tenants in chief, creating the system of feudalism. These tenants in chief then granted parts of their land to tenants in demense, who actually occupied a particular estate. Each tenant in demense owed fidelity to his lord (landlord) |
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Precedent and Stare Decisis |
The tendency to decide current cases based on previous rulings. The principle that precedent is binding on later cases is called stare decisis, which means "let the decision stand". |
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Common Law |
Judge-made law |
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Branches of Government |
Legislative Power gives the ability to create new laws. In Article I, the Constitution gives this power to Congress, which is compromised of two chambers -- a Senate and a House of Representatives. Voters in all 50 states elect representatives who go to Washington, D.C., to serve in the Congress and debate new legal ideas.
Executive Power is the authority to enforce laws. Article II of the Constitution establishes the President as commander in chief of the armed forces and the head of the executive branch of the federal government.
Judicial Power gives the right to interpret laws and determine validity. Article III places the Supreme Court at the head of the judicial branch of the federal government. |
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Checks and Balances |
The President can veto Congressional legislation. Congress can impeach the President. The Supreme Court can void laws passed by Congress. The President appoints judges to the federal courts, including the Supreme Court, but these nominees do not serve unless approved by the Senate. Congress can override the Supreme Court by amending the Constitution. The President and Congress influence the Supreme Court by controlling who is in it. |
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Statute |
A law created by a legislative body. |
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Criminal Law |
Criminal law prohibits certain behavior. |
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Civil Law |
Civil law regulates the rights and duties between parties. |
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Jurisprudence |
The philosophy of law. |
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Sovereign |
The recognized political power, whom citizens obey. |
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Administrative Law |
Administrative agencies do the day-to-day work. Most government agencies are created by Congress. EPA, IRS, SEC. |
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Legal Positivism |
Law is what the sovereign says. |
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Natural Law |
An unjust law is now law at all. |
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Legal Realism |
Who enforces the law counts more than what is in writing. |
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Sources of Law |
- Unites States Constitution and state constitutions.
- Statutes, which are drafted by legislatures.
-Common Law, which is the body of cases decided by judges, as they follow precedent.
-Administrative Law, the rules and decisions made by federal and state agencies.
-Treaties, agreements between the United States and foreign nations. |
